Urbanism litigation

Compensation claims
evicted candidates

THE USE OF ANNULMENT IN THE MATTER OF URBANISM

WHAT ACTS MAY BE THE SUBJECT OF AN ACTION FOR ANNULMENT BEFORE THE ADMINISTRATIVE JUDGE?

Acts which may be the subject of an action for annulment on the following:

  • the decision to grant a building or development permit;
  • the decision to stay the license of the subdivision permit;
  • the decision to refuse a license
  • taxes and participation associated with the permit;
  • the conditional requirements of the permit;
  • the interruptive order of works;
  • the demolition permit applied for at the same time as the building permit;
  • the building permit as part of a development permit;
  • the planning certificate;
  • subdivision authorizations;
  • authorizations for camping, caravanning and light recreational habitat;
  • authorizations for cutting and felling trees and clearing permits.

But also :

  • land use plans (POS);
  • local planning plans (PLU);
  • documents related to the Concerted Development Zones (BIAs);
  • land development plans;
  • territorial coherence schemes (SCOT)

WHO IS INTERESTED IN ACTING?

  • The aforementioned acts may be attacked by:
  • the residents of the projects (individuals but also companies);
  • the taxpayers of the municipality concerning the different plans;
  • environmental protection associations;
  • The promoters.

In town planning, the notion of interest in acting is strictly interpreted.

WHAT ARE THE MEANS TO RAISE?

The means invoked are classically divided into two categories:

The means of external legality : The procedures for preparing permits, authorizations and urban planning documents are subject to a rigorous process requiring the prior gathering of opinions (architects, town planning commissions, etc.) or the implementation of surveys (public inquiries ...) . Failure to comply with this process is frequently the cause of annulment pronounced by the administrative judge.

  • The means of internal legality : The administrative judge checks the conformity of an urban planning standard to a higher standard (the compatibility of a building permit with respect to a zoning of POS or PLU) or the insertion in the landscape of a building and its compatibility with the existing environment.
  • The different categories of breaches that may be invoked before the administrative judge:
    Contentieux urbanisme

    WHAT IS THE PERIOD FOR MAKING AN ACTION FOR ANNULMENT?

    Planning decisions and authorizations must be challenged before the administrative judge within two months of their publication (posting of a building permit in the field or publication of an order adopting a PLU).

    WARNING

    " The procedures in planning law are particularly delicate and complex and require the use of a lawyer. For example Article R. 600-1 code urban planning requires the applicant to notify, by registered letter with acknowledgment receipt, his appeal to the author of the decision and the holder of the authorization within a period 15 days from filing the appeal with the Tribunal. And this even though the Registry of the Court of First Instance will address the appeal in parallel with the author of the decision and the holder of the authorization. "

    WHAT ARE THE CONSEQUENCES OF THE DECISIONS OF THE ADMINISTRATIVE JUDGE?

    Challenge to a licensing decision

    If the administrative judge rejects the appeal, the license runs.

    On the other hand, if the judge cancels the permit :

    • Construction is not allowed;
    • The applicant may file an amendment or regulation permit;
    • When an act is annulled, the administrative court decides on all the means of annulment;
    • The cancellation of a building permit or development has no repercussion in principle on urban plans.

    Challenge of a refusal decision

    If the judge rejects the appealthere is no direct effect.

    The applicant may file another permit in accordance with the law.

    On the other hand, if the judge cancels the permit :

    • The applicant did not obtain a permit;
    • He must reapply;
    • In addition, he can not apply for an amendment permit;
    • It should also be noted that the complainant was able to accompany his application with an injunction to the administration requiring him to reconsider his case.